S.J.MUKHOPADHAYA, J. - (1.) THE petitioner -Employers in relation to the management of Sudamdih Shaft Mines of Messrs has preferred this writ petition for quashing the Award dated 29th September, 1992 passed by learned Presiding Officer, Central Government Industrial Tribunal No. 1, Dhanbad in Reference No. 154 of 1989 whereby and whereunder the learned Tribunal held that the action of the management in dismissing the workman -Sri Narayan Gosai from its service w.e.f. 11/12th October, 1987 is not justified and the workman should be reinstated from the date of dismissal with full back wages and continuity of service.
(2.) THE case of petitioner is that the workman -Sri Narayan Gosai was a piece -rated miner in Sudamdih Shaft Mine of Sudamdih Project. On 30th January, 1987, he in connivance with some other miscreants had attempted to steal away about 35 Kgs. of copper cable costing about Rs. 2500/ - from the precinct of Shaft Mine and he was caught red handed by security staff specially posted for curbing such thefts. On receipt of such report, the Superintendent of Mines/Manager, Shaft Mine, issued charge -sheet dated 31st January, 1987 to the concerned workman calling for his explanation as to why disciplinary action should not be taken. On receipt of such explanation, being not satisfied, a departmental proceeding was . initiated against the workman and the enquiry officer on the basis of materials placed before him came to the conclusion that the management has been able to prove charges leveled against the concerned workman. The workman -Sri Narayan Gosai was, thereafter, dismissed by the Management w.e.f. 3rd January, 1987. It appears that a dispute was raised at the instance of respondent No. 2 and the Central Government in the Ministry of Labour, in exercise of power conferred by Clause (d) of sub -section (1) and sub -Section (2 -A) of Section 10 of the Industrial Disputes Act, 1947, by order No. L -20012/ 73/89 -I.R. (Coal -I), dated 7th November, 1989, referred the following dispute for adjudication to the Tribunal : "Whether the action of the Management of Sudamdih Shaft Mine of Sudamdih Area of M/s. B.C.C. Ltd. in dismissing Shri Narayan Gosai from service with effect from 3.1.87 is justified? If not, to what relief is the workman entitled - It was registered as Reference No. 154 of 1989 and was Awarded in favour of the workman vide Award dated 29th September, 1992 (Annexure -6). Mr. M.M. Banerjee, counsel for the petitioner submitted that the Presiding Officer dealt the matter strictly in accordance with the evidence Act which is not required to be followed in a departmental proceeding or for a decision of such proceeding by a competent Tribunal. It is further submitted that the Tribunal without taking into consideration the relevant facts, held that the action of the management in dismissing the workman is not justified.
(3.) IT is true that the strict principle of evidence Act is not required to be followed in a departmental proceeding but if it is followed by a Tribunal find out whether the charge against the workman is correct and based on evidence or not, it cannot be interfered on the ground that the principle of evidence act was followed. It is a settled law that a Court under Article 226 of the Constitution of India cannot sit in appeal over a finding of fact of a Tribunal. It is only if the finding is perverse or is not based on any evidence, the Court generally interferes with such finding of fact. In the present case, the Award dated 29th September, 1992 in Reference No. 154 of 1989 cannot be held to be perverse and the findings therein being based on evidence, there requires no interference with the Award in question. It is evident from the award that the workman has already been acquitted of the same charges by a competent Court of law. In this background, if the enquiry report has been set aside, the workman has been reinstated with effect from the date of dismissal and the management has been asked to pay the workman his full back wages, I find no reason to interfere with such Award. ;